A draft German law has been devised to make it illegal for prospective employers to spy on applicants’ private postings.
The draft law on employee data security presented by Interior Minister Thomas de Maiziere is the government’s latest attempt to address privacy concerns about online services including social networks and Google “Street View.”
According to the Associated Press, it is also a response to corporations checking on employee e-mails and filming sales clerks during coffee breaks, triggering public outrage in Germany.
De Maiziere acknowledged that some of the new regulations — which have yet to be discussed and passed by parliament — might be complicated to enact. (WCxKit)
As an example, employers will still be permitted to run a search on the Web on their applicants, according to de Maiziere. Anything out in public is fair game, as are postings on networks specifically created for business contacts, such as LinkedIn.
On the flip side, it will be illegal to become a Facebook friend with an applicant in order to check out private details, de Maiziere noted, adding that some people seem to be indiscriminate about whom they accept as a friend.
A rejected job applicant who can show he or she was turned down based on violation of the new law could take the company to court and claim damages.
The new law will also prohibit clandestine video surveillance in the workplace, particularly in private spaces like lavatories or locker rooms, according to de Maiziere. An employer ignoring the new rule could be charged fines of up to euro 300,000 (approximately $379,000). (WCxKit)
Cameras will be permitted in public spaces such as supermarkets and some factories or warehouses, if employees know about them, he added.
“Overall, the new rules passed by the cabinet keep a good balance between employees’ interests on the hand and companies’ interests on the other,” de Maiziere commented
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing.
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